Common use of Transactions with Partners and Affiliates Clause in Contracts

Transactions with Partners and Affiliates. Neither ------------------------------------------ the Borrower nor any of its Subsidiaries shall directly or indirectly enter into or permit to exist any transaction (including, without limitation, the purchase, sale, lease or exchange of any property or the rendering of any service) with any holder or holders of more than five percent (5%) of any class of equity Securities of the Borrower, or with any Affiliate of the Borrower which is not its Subsidiary, unless such transaction is determined by the respective Boards of Directors of the Company to be no less favorable to the Borrower or any of its Subsidiaries, as applicable, than those that might be obtained in an arm's length transaction at the time from Persons who are not such a holder or Affiliate. Nothing contained in this Section 10.5 ------------ shall prohibit (a) increases in compensation and benefits for officers and employees of the Borrower or any of its Subsidiaries; (b) payment of officers', directors', partners' and other similar indemnities; or (c) performance of any obligations arising under the Loan Documents.

Transactions with Partners and Affiliates. Neither ------------------------------------------ the ----------------------------------------- Borrower nor any of its Subsidiaries shall directly or indirectly enter into or permit to exist any transaction (including, without limitation, the purchase, sale, lease or exchange of any property or the rendering of any service) with any holder or holders of more than five percent (5%) of any class of equity Securities of the Borrower, or with any Affiliate of the Borrower which is not its Subsidiary, unless such transaction is determined by the respective Boards of Directors of the Company to be no less favorable to the Borrower or any of its Subsidiaries, as applicable, than those that might be obtained in an arm's length transaction at the time from Persons who are not such a holder or Affiliate. Nothing contained in this Section 10.5 ------------ shall prohibit (a) increases in compensation and benefits for officers and employees of the Borrower or any of its Subsidiaries; (b) payment of officers', directors', partners' and other similar indemnities; or (c) performance of any obligations arising under the Loan Documents.

Transactions with Partners and Affiliates. Neither ------------------------------------------ the Borrower ----------------------------------------- nor any of its Subsidiaries shall directly or indirectly enter into or permit to exist any transaction trans action (including, without limitation, the purchase, sale, lease or exchange of any property or the rendering of any service) with any holder or holders of more than five percent (5%) of any class of equity Securities of the Borrower, or with any Affiliate of the Borrower which is not its Subsidiary, unless such transaction is determined by the respective Boards of Directors (or managers or trustees) of the Company to be no less favorable to the Borrower or any of its Subsidiaries, as applicable, Subsidiaries than those that might be obtained in an arm's length transaction at the time from Persons who are not such a holder or AffiliateAffiliate (other than transactions permitted by Section 2.3). Nothing contained in this Section 10.5 ------------ shall prohibit (a) increases in compensation and benefits for officers and employees of the Borrower or any of its Subsidiaries; (b) payment of officers', managers', trustees', directors', partners' and other similar indemnities; or (c) performance of any obligations arising under the Loan Documents; or (d) loans to Persons in connection with such Person's contribution of Real Property to the Consolidated Businesses.

Transactions with Partners and Affiliates. Neither ------------------------------------------ the Borrower nor any of its Controlled Subsidiaries shall directly or indirectly enter into or permit to exist any transaction (including, without limitation, the purchase, sale, lease or exchange of any property or the rendering of any service) with any holder or holders of more than five percent (5%) of any class of equity Securities of the Borrower, Borrower or with any Affiliate of the Borrower which is not its Subsidiary, unless such transaction is determined by the respective Boards Board of Directors (or managers or trustees) of the Company Borrower to be no less favorable to the Borrower or any of its their Subsidiaries, as applicable, than those that might be obtained in an arm's length transaction at the time from Persons who are not such a holder or AffiliateAffiliate (other than transactions permitted by Section 2.3). Nothing contained in this Section 10.5 ------------ shall prohibit (a) increases in compensation and benefits for officers and employees of the Borrower or any of its Subsidiaries; (b) payment of officers', managers', trustees', directors', partners' and other similar indemnities; or (c) performance of any obligations arising under the Loan Documents; or (d) loans to Persons in connection with such Person's contribution of Real Property to the Borrower or any Minority Holdings.